Requesting the Joint Committee on Government and Finance to study
the impediments to the leasing and production of coal, oil,
gas and other mineral substances, resulting from divided
ownership of such resources.

Whereas, The ownership of the individual tracts of coal, oil,
gas and other mineral resources of the State of West Virginia are
frequently divided among many persons, business entities, trusts,
estates in probate and other legal entities as "cotenants"; and
Whereas, These divided ownership interests are frequently
very small and can include dozens of individual owners the number
of which increases with time by reason of the further division
among the heirs of such interests upon death of the owner; and
Whereas, The common law of West Virginia requires the consent
of each and every owner for the leasing and production and,
frequently, for other regulatory and mineral management decisions
which are essential to the production of such minerals and the
lack of consent or cooperation among such cotenants, and those
who are unknown or cannot be located, is increasingly an impediment to the production of coal, oil, gas and other minerals
in West Virginia; and
Whereas, Numerous other states, by either their common law or
the enactment of "cotenants" legislation, have authorized the
approval of mineral leases and other management decisions by less
than the entire ownership interests in order to ameliorate the
adverse effects upon mineral production of such divided ownership
interests; therefore, be itResolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to review, examine and study the effects of divided
ownership interests in coal, oil, gas and other minerals in this
State upon production and management thereof, the ways and means
to eliminate or ameliorate any adverse effects of such divided
ownership upon management and production of said minerals, and to
make recommendations to the Legislature or propose legislation
regarding the same; and, be itFurther Resolved, That the said study committee report to
the Legislature, by December 1, 1998, on its findings,
conclusions and recommendations, together with drafts of any
legislation necessary to effectuate its recommendations.